| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 65 |
| Determination date | 27 April 2011 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Christoforou v Resene Paints Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting - Respondent claimed considerable expense in defending applicant’s claims – Respondent sought $5,000 contribution – Respondent claimed order above general daily tariff rate justified as respondent made settlement offers, defended wide range of claims and made considerable efforts to resolve dispute – Respondent claimed also made Calderbank offer - Applicant claimed costs to lie where they fall as dispute genuine and required Authority determination – Authority found costs should be assessed at upper tariff level as applicant had risky claim and respondent made reasonable attempts to settle matter – Authority found Calderbank principles not applicable as respondent successfully defended claims – Applicant to pay respondent contribution towards costs |
| Result | Costs in favour of respondent ($3,000) |
| Main Category | Costs |
| Cases Cited | Calderbank v Calderbank [1975] 3 All ER 333 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_65.pdf [pdf 14 KB] |